In Islam, unlike the western legal systems, there is no room for the authorities to be immune from the law. Even the head of an Islamic state may be challenged, in both official and private capacity, in the court. Obedience to a ruler for that matter is contingent on his enforcement of Islamic laws. In other words, if the government fulfils the requirements prescribed by the Quran and the Sunnah, its claim to the allegiance of the people becomes absolute. The Prophet said: “A Muslim has to listen to and obey (the order of his ruler), whether he likes it or not, as long as his orders do not involve disobedience (to Allah). But if an act of disobedience (to Allah) is imposed, one should not listen to it or obey it.”
It also becomes evident that the accountability of the ruler of an Islamic state is twofold: (1) he is answerable to God, as power bestowed on him by God is a sacred trust; and (2) to the people who are his subjects.
The office of judge is independent of all executive control and he can exercise his authority without any form of interference from influential quarters. He decides all disputes in the light of the Quran and the Sunnah. Further, a judge is required to be impartial and decide on the merits of the case.
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9:54 PM
Moderate Islamist here
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